Why is My Car Accident Settlement Taking so Long in Chicago?
Waiting for a car accident settlement can feel never-ending. Medical expenses, car repairs, and missed work make the waiting process even more stressful. As weeks turn into months, it’s understandable that you’re wondering why your car accident settlement is delayed. Car accident claims take time because your lawyer and the insurance company need to investigate the car crash, document their findings, and then start negotiations. This guide will explain how the process works and the most common reasons your Chicago car accident settlement could be delayed.
Reasons a Chicago Car Accident Settlement Can Take A Long Time
Chicago car accident settlement delays can be due to medical assessments needed, back and forth negotiations, Illinois laws, among other reasons.
What Is Maximum Medical Improvement?
Your health is the most critical factor in your settlement timeline. Before your attorney can demand a specific settlement amount, they need to know exactly how much your injuries will cost. This usually means you need to reach your Maximum Medical Improvement (MMI). MMI means your condition has stabilized, so you’ve either fully recovered or your doctors have determined that your condition will not improve any further with medical treatment.
If you settle your claim before reaching MMI, you risk paying out of pocket for future medical needs because taking an early settlement wouldn’t cover those new bills. Waiting to reach MMI ensures Postman Law can accurately calculate your future medical expenses and fight for the maximum compensation you deserve.
How Long Can an Insurance Company Delay a Claim?
Insurance adjusters are trained to protect the company’s bottom line, and they know that financial stress can make accident victims feel pressured to settle quickly. This is why having an experienced Postman Law Chicago car accident attorney is so important because they will make sure you receive the maximum settlement amount. Our Chicago attorneys know how to hold insurance companies accountable and will deal with insurance negotiations so you don’t feel pressured by them.
Illinois Modified Comparative Negligence
Illinois follows a modified comparative fault system which means that a percentage of fault is assigned to each party involved in an accident (i.e., 20% fault for one party, 80% for another). If you’re partially responsible for the accident and your share of fault is 50% or less, you can still recover damages, but your compensation will be reduced based on your percentage of fault. If you are found to be more than 50% responsible, you may not be able to recover any compensation.
Because of Illinois’ modified comparative negligence fault system, insurance companies often spend a lot of time working to diminish the at-fault parties’ liability. They’ll analyze police reports, witness statements, and traffic camera footage where the car accident happened. Disputes over who caused the crash usually extends the settlement timeline. Our Chicago car accident attorneys will work quickly to gather evidence and medical documentation to prove the other driver’s liability and protect you from unfair allegations of shared fault.
Complex Car Accident Claims
The complexity of the crash directly impacts how long the settlement takes. If your accident involved an 18-wheeler on the Dan Ryan Expressway for example, multiple insurance companies will be involved. The claim could involve the driver’s insurance, the trucking company’s insurance, cargo loaders, and vehicle manufacturers. Multi-car pileups are also complex claims because insurance adjusters often dispute who was at fault for the initial chain-reaction crash.
If the car crash resulted in catastrophic injuries, the discovery process will likely take longer because each injury must be thoroughly documented, evaluated, and supported with medical evidence. This can involve collecting detailed hospital records, expert medical opinions, and extensive reports on long-term care needs. This could extend the time it takes to receive your settlement.
How You Can Help Minimize Delays In a Chicago Car Accident Claim Settlement
While you can’t control how quickly insurance companies handle claims, you can take proactive steps to strengthen your case and prevent avoidable delays.
Keep Your Documents Related To The Car Accident Organized
Your Postman Law attorney will need evidence and all medical documents to build your case. Storage all your documents in a safe place, these include: the crash report, photos of the scene, contact information for witnesses, medical bills, pharmacy receipts, and explanation of benefits from your health insurance. Having organized records allows your lawyer to draft demand letters faster. Keeping your records organized so that when your lawyer asks for a specific document you have it ready. This allows them to draft demand letters faster and keep your claim on track.
Go To All Medical Appointments
Never skip doctor appointments. If you stop going to the doctor, the insurance adjuster will argue that your injuries are not really serious. Follow your physician’s treatment plan because consistent medical records prove the severity of your pain and how long recovery may take.
Stay in Touch With Your Attorney
Clear communication is really important to keeping your claim on track. Inform your legal team whenever you complete a treatment phase, receive a new bill, or miss work (if you are working limited hours). Respond as soon as possible when your attorney asks you to sign release forms or answer questions so there aren’t any unnecessary delays.
Do I Need an Attorney For a Chicago Car Accident?
If you’ve been involved in a car accident in Chicago, hiring an experienced Postman Law car accident attorney ensures you receive fair compensation and that your rights are protected. Our Chicago accident attorneys will negotiate with adjusters, immediately gather critical evidence, and make sure deadlines are met.
At Postman Law, our Chicago car accident attorneys work on a contingency basis, meaning we only get paid if we win compensation for you. We’ve secured thousands in compensation for clients, and are ready to fight for your rights and secure the settlement you deserve. Contact Postman Law 24/7 at 844-POSTMAN or by filling out our online form.
Our Chicago personal injury law firm is located at 150 N. Riverside Plaza Suite 4100 Chicago, IL 60606 and our local phone number is: 312-561-9318.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
Postman Law specializes in personal injury cases, including car and truck accidents, slip-and-fall injuries, medical malpractice, product liability, wrongful death, workplace injuries, and more. Our attorneys have secured over $3 billion for more than 1.4 million clients.
We move quickly to gather evidence, thoroughly investigate your case, negotiate with insurance companies on your behalf, and represent you in court when necessary. You pay nothing up front. We only collect a fee if we secure compensation for you.
Throughout your case, we stay in close communication, answering your questions, explaining your options, and guiding you every step of the way. Contact us today to schedule a free case consultation.
In Chicago and throughout Illinois, the time you have to claim an injury after a car accident depends on the statute of limitations. You usually have 2 years from the date of the accident to file a personal injury lawsuit against the at-fault driver. This is why it’s important to contact a Postman Law car accident attorney as soon as possible.
The timeline for a car accident settlement can vary widely depending on the severity of the accident, injuries, and complexity of the claim. Learn more about the settlement process in this blog.
Disputes over settlement terms, payment amounts, or deductions can slow the release of funds until they are resolved.
In most cases, the settlement check is sent to your attorney first. They deposit it into a trust account, deduct fees and costs, then issue your portion.
In Chicago, insurance companies usually issue settlement checks within 2 – 6 weeks after receiving a signed release. Insurance guidelines generally recommend issuing settlement payments within 30 days, factors such as processing delays, trust account clearance, and the resolution of medical liens could extend the timeline to several months.
In most cases, car accident settlements in Chicago are not subject to federal or Illinois state income taxes. To learn more about what’s taxable on a settlement and what’s not, read this blog.
Yes, comparative fault applies to most negligence-based claims including slip-and-fall, workplace injuries, premises liability, product liability, wrongful death cases, and other personal injury lawsuits.
Insurance companies may assign fault to lower your payout, but an experienced Postman personal injury attorney will challenge unfair fault determinations and help maximize your settlement. Contact us for a no-obligation case review.
Postman’s car accident lawyers will fight for your rights, secure crucial evidence, and help maximize your settlement. Contact us for a free case consultation.
Fault is determined based on police reports, witness statements, insurance investigations, and accident evidence like photos, videos, and medical records.
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